E-DRUG: WTO TRIPS Council (October 2020): South Africa issues clarion call urging support for TRIPS waiver proposal
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https://www.keionline.org/34235 (includes full proposal)
On Friday, 16 October 2020, members of the World Trade Organization’s (WTO) TRIPS Council held a three hour debate on the proposal (IP/C/W/669) first tabled by India and South Africa for a waiver from certain provisions of the TRIPS Agreement for the prevention, containment and treatment of COVID-19. By Friday, Eswatini and Kenya emerged as co-sponsors of the TRIPS waiver proposal.
From informed sources, three blocs emerged from the discussions:
- WTO Members who supported the proposal, the vast majority of which were least developed and developing countries (Tanzania on behalf of the African Group, Chad on behalf of the LDC members, Bangladesh, Sri Lanka, Pakistan, Venezuela, Honduras, Nepal, Nicaragua, Egypt, Indonesia, Argentina, Tunisia, Mali, Mauritius and Mozambique);
- WTO Members who expressed their rejection of the text, the vast majority of which were developed countries (European Union, United States of America, Switzerland, Norway, Australia, Canada, Japan and the United Kingdom), joined by Brazil;
- WTO members who welcomed the proposal but asked for further clarification on some points, particularly with regards the possible economic impact of the waiver and said they were consulting with capital in order to make a more informed decision (Nigeria, Philippines, Turkey, Ecuador, China, Thailand, Senegal, Jamaica, Colombia, Costa Rica, Chile and El Salvador).
At the end of Friday’s deliberations, South Africa made the following procedural request:
It is clear that Members have different opinions regarding the waiver proposal introduced at today’s TRIPS Council meeting, there is a need to discuss this proposal further. According to Article IX.3(b) a request for a waiver shall be submitted to the relevant Council for consideration during a period which shall not exceed 90 days. We request that this item remain open for discussion for the intervening period. This can be done on the basis suspending this item and reconvening the TRIPS Council formally or informally or through consultations that may be convened by you or a combination of both modalities.
India’s opening statement on this item can be found here on the website of the Indian Mission: https://pmindiaun.gov.in/public_files/assets/pdf/TRIPS_Agreemnet.pdf
South Africa’s opening and closing statements are found below.
https://www.keionline.org/34235
Thiru Balasubramaniam
Geneva Representative
Knowledge Ecology International
thiru@keionline.org